US v. ACLU et al
No. 02-50355 (6-17-05). The 9th (Kleinfeld) reverses the district court's finding that the designation of an organization as "terrorist" thus leading to a charge of aiding terrorism under 8 USC 1189(a)(1) was unconstitutional. The 9th, in upholding the charge of aiding a terrorist organization against a facial challenge, finds that Congress was within its power to have the DC Circuit determine challenges to the designation. The 9th also finds no first amendment violation given the procedures and protocols established by the executive branch in such determinations, and the threat posed.